LESTER WHITE, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2009-10-16
No. 5D09-490
SAWAYA, PALMER and COHEN, JJ., concur.
19 So. 3d 444 Florida District Court of Appeal, Fifth District (2009) Positive Treatment
Cited by 5 cases
Topics
Conclusively Refuted By The Record Rule 3.850 Motion Motion For Postconviction Relief Evidentiary Hearing

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm, without discussion, the trial court’s summary denial of claims two, three, four, five, six, and seven as raised in Appellant’s rule 3.850 motion for postcon-viction relief. We reverse the trial court’s summary denial of claim one. With respect to claim one, the trial court has failed to include a copy of the transcript pages referenced in its order and, therefore, we are prevented from concluding that Appellant’s claim has been conclusively refuted by the record. See Fla. R.App. P. 9.141(b)(2)(D); LeBlanc v. State, 997 So.2d 508 (Fla. 5th DCA 2008).

Accordingly, the instant matter is remanded to the trial court for the attachment of records which conclusively refute Appellant’s first claim or, alternatively, in order for the trial court to conduct an evidentiary hearing on this ground.

AFFIRMED in part; REVERSED in part; REMANDED.

SAWAYA, PALMER and COHEN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Smith v. State, 69 So. 3d 1034 (Fla. 5th DCA 2011)
    …laim where record attachments did not conclusively refute claim). On remand, the trial court should either attach the portion of the record that conclusively refutes Smith’s claim or conduct an eviden-tiary hearing on the matter. See White v. State, 19 So. 3d 444, 445 (Fla. 5th DCA 2009); Styron v. State, 693 So. 2d 1144, 1144-45 (Fla. 1st DCA 1997). We affirm the order in all other respects. AFFIRMED in Part; REVERSED in Part; and REMANDED. EVANDER, COHEN and JACOBUS, JJ., concur.…
  • Jones v. State, 226 So. 3d 1012 (Fla. 5th DCA 2017)
    …and remand for the court to “either attach the portion of the record that conclusively refutes [the] claim or conduct an evidentiary [*1015] hearing on the matter.” See Smith v. State, 69 So. 3d 1034, 1035 (Fla. 5th DCA 2011) (citing White v. State, 19 So. 3d 444, 445 (Fla. 5th DCA 2009)). AFFIRMED in Part; REVERSED in Part; and REMANDED with Instructions. COHEN, C.J. and LAMBERT, J., concur. . Jones later withdrew ground eleven. . "This court can take judicial notice of its own records.” Scheffer v. Sta…
  • Jones v. Sec'y, Dep't of Corr. (Putnam County) (M.D. Fla. 2022)

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